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Form 12277 Everett Washington: What You Should Know

Many taxpayers are  assumed to have a public notice of tax lien because they have an obligation to file federal tax returns. That is, for each year that is filed, the taxpayer is responsible to pay the tax he or she owes. (Note: A public notice of tax lien issued by the IRS is different from an IRS Notice of Federal Debt.) If a taxpayer fails to file these returns, they might find themselves a delinquent taxpayer in the eyes of the IRS. A delinquent taxpayer might also have debt collection problems associated with late payment of federal taxes. With a public NFL, taxpayers are responsible to pay the taxes they owe at the due date of the NFL—usually within 60 days from the date of the NFL. If they do not pay, the IRS can initiate collection of the overdue taxes. With a public NFL filing the Form 12277, a taxpayer can request the IRS to begin the process of removing the NFL before the deadline. This is known as a public notice of federal debt. The IRS may then start to collect the outstanding taxes from a taxpayer even if the taxpayer is not delinquent. It is possible for the IRS not to enforce a public NFL once the IRS has issued a Notice of Federal Tax Lien (NFL). This is because the NFL includes the taxpayer's tax account number, address, and, if necessary, social security number. Once the NFL is issued, the IRS will have access to that information. A taxpayer doesn't necessarily have to make a Form 12277 to request the IRS to remove a public notice of federal debt. The taxpayer can simply make a written petition to the IRS to request the removal of their public notice, in which case they would not have to file a Form 12277, or they could make separate petitions for the removal of individual notices of public debt when they are delinquent, but don't owe tax. Note, however, that filing a Form 12277 doesn't necessarily remove the NFL. The NFL will still apply until the entire amount owed is paid by the taxpayer or until the tax return is filed or amended and the taxes are paid. Even if a taxpayer files Form 12277 directly, the NFL always remains on the same list of delinquent tax returns for which the taxpayer is responsible, and the IRS still owes the same amount, and has the same authority to initiate collection actions against the tax debtor.

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